The Alabama last will and testament is a document that a person may use to make sure loved ones are given certain real and personal property after their death. The form must be written when the person is of sound mind and with at least two (2) witnesses (§ 43-8-131). Furthermore, it should be recommended that the testator and witnesses sign with a notary public present so that it cannot be contested during the estate or probate process.
Definition – § 43-8-1(34)
Laws – Title 43, Chapter 8 (Probate Code)
Witnesses (§ 43-8-131) – Must be signed with two (2) individuals that are not mentioned in the Will.
How to Write
Step 1 – Establish Testator – Complete the full name of the testator or the person for whom the will is being established, at the top of the form
- Name of Testator
- City of Residence
- County of Residence
- Testator must carefully review the remainder of the paragraph and review the Expense and Tax information
Step 2 – Nomination of Personal Representative –
- Enter the full name of the representative
- Name of the city in which the representative resides
- County
- State
Alternate Personal Representative – in the event the initial representative becomes unable or unwilling to serve –
- Enter the full legal name of the alternate appointee
- Name of appointee’s city
- County
- State
Step 3 – Disposition of Property –
Beneficiary – Enter the information for each:
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of Social Security number
- Enter the property being bequeathed for each beneficiary
The Testator must read the remaining information pertaining to how property is distributed in the event a beneficiary dies prior to the testator
Step 4 – Testator must carefully read the following sections:
- Omission
- Bond
- Discretionary Powers of Personal Representative A through
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures and Witnesses – All signatories must be present prior to signing this document:
- Enter the testator’s name
- Date of testator’s signature in dd/mm/yyyy format
- Testator Signature
- Testator (Printed Name)
Witnesses – Must read the brief statement –
- Date the document in dd/mm/yyyy format
- Enter the name of the testator
Witness 1 –
- Witness Signature
- Address
Witness 2 –
- Witness Signature
- Address
Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:
- State
- County
- Name of testator
- Name of Witness 1
- Name of Witness 2
- AND ENTER
- Testator Signature
- Witness 1 Signature
- Witness 2 Signature
Step 7 – Notarization – Once the notary public has witnessed all signatures he/she will complete the remainder of the document and authenticate it by affixing their state seal
Related
Living Trust – Unlike a will, it by-passes the Probate process by allowing an individual to have their property transfer directly to their heirs after death.
